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Spohn v. Carney (In re Carney)

Ruling
Objections to discharge overruled absent evidence that misrepresentations and omissionswere made with fraudulent intent. (Bankr. N.D. Ill.)
Issue(s)
Whether debtor should be denied a discharge for failing to list income received from property that he owns in connection business and for allegedly transferring assets to corporation with the intention of hindering, delaying and defrauding his cred

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Consumer opinion summary, case decided on September 20, 2016 , LexisNexis #1016-093

In re Vista Mktg. Grp. Ltd.

Ruling
Water reclamation district’s claim was extinguished by court-authorized sale. (Bankr. N.D. Ill.)
Issue(s)
Whether a charge imposed by the Rock River Water Reclamation District against the purchaser after the court-authorized sale was either solely a claim against debtor, or was an interest terminated by the sale under 11 U.S.C.S. § 363(f).

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Commercial opinion summary, case decided on September 12, 2016 , LexisNexis #1016-010

Waldron v. FDIC (In re Venture Fin. Grp. Inc.)

Ruling
Tax refunds for debtor’s subsidiary paid to bank were avoidable preferences. (Bankr. W.D.Wash.)
Issue(s)
Were tax refunds property of the estate that could be recovered by trustee from transferees?

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Commercial opinion summary, case decided on September 09, 2016 , LexisNexis #1016-025

In re Shay

Ruling
Confirmation of plan that would vest all property acquired postpetition with debtor denied.(Bankr. W.D. Wash.)
Issue(s)
Contents of Plan; Discretionary Provisions; Fixing of Time for Vesting of Property of the Estate.

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Consumer opinion summary, case decided on June 29, 2016 , LexisNexis #1116-059

BMO Harris Bank N.A. v. Vista Mktg. Grp. (In re Vista Mktg. Grp.)

Ruling
Lender entitled to proceeds of sale of debtor's property over claims of state.
Issue(s)
Was creditor entitled to net sales proceeds from the sale of two gas stations owned and operated by the debtor?

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Commercial opinion summary, case decided on March 30, 2016 , LexisNexis #0416-112

Raridon v. Carlson (In re Carlson)

Ruling
Judgment for fees of guardian ad litem for debtor’s grandchild was not a nondischargeabledomestic support obligation. (Bankr. N.D. Ill.)
Issue(s)
Was prepetition judgment awarded to creditor by the state court for services as guardian a nondischargeable domestic support obligation?

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Consumer opinion summary, case decided on January 25, 2016 , LexisNexis #0916-096

Taylor v. Snyder (In re Snyder)

Ruling
State court judgment for slander was nondischargeable on grounds of willful and malicious injury.
Issue(s)
Was a state court judgment against debtor contractor nondischargeable on grounds of willful and malicious injury?

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Consumer opinion summary, case decided on December 04, 2015 , LexisNexis #0116-022

Layng v. Urbonas (In re Urbonas)

Ruling
Discharge denied due to debtors' undisclosed transfers to family members within one year of bankruptcy.
Issue(s)
Were unscheduled and concealed transfers of more than $30,000 to debtors' children and other relatives less than a year before they declared bankruptcy grounds for denial of discharge?

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Consumer opinion summary, case decided on September 30, 2015 , LexisNexis #1015-132

In re Waterworks Inc.

Ruling
Motion to convert or dismiss denied given lack of evidence of incompetence or bad faith alleged by creditor bank.
Issue(s)
Should debtor in possession's case be converted to chapter 7 or dismissed due to incompetence or bad faith?

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Commercial opinion summary, case decided on September 23, 2015 , LexisNexis #1015-098

In re Chardon LLC

Ruling
Debtors' motion to retain law firm granted retroactively to petition date.
Issue(s)
Could postpetition application to retain the legal counsel that helped the debtors file their cases be granted?

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Commercial opinion summary, case decided on September 02, 2015 , LexisNexis #0915-108